New York State Court of Claims

New York State Court of Claims

MC DANIEL v. THE STATE OF NEW YORK, #2009-015-142, Claim No. 114623, Motion No. M-76033


Synopsis


Motion to amend claim was denied for failure to serve exhibits.

Case Information

UID:
2009-015-142
Claimant(s):
TIMOTHY MC DANIEL
Claimant short name:
MC DANIEL
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114623
Motion number(s):
M-76033
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Timothy McDaniel, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Michael T. Krenrich, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
March 17, 2009
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate proceeding pro se, moves to amend his claim pursuant to CPLR 3025. Claimant allegedly sustained injuries during the course of evacuating the mess hall at Great Meadow Correctional Facility on May 19, 2006 following the release of teargas. He now moves to amend his claim to add allegations regarding the negligence of the defendant, the nature of his injuries and the amount claimed as damages. In opposition to the motion the defendant indicates that the claimant failed to serve a copy of the proposed amended claim.

A moving party is required to serve his or her adversary with all papers submitted to the Court in support of the motion (see CPLR 2214 [b] [c]; 22 NYCRR §§ 206.1[c]; 206.9 [b]). Claimant's failure to serve the defendant with copies of the exhibits submitted to the Court in support of his motion deprived the defendant of the ability to determine whether it objects to the relief requested and, if so, the basis for the objection.

Based on the foregoing, the claimant's motion is denied with leave to renew upon proper service of the motion, including all exhibits thereto.



March 17, 2009
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated December 16, 2008;
  2. Affidavit of Timothy McDaniel sworn to December 16, 2008;
  3. Proposed amended claim and exhibits;
  4. Affirmation of Michael T. Krenrich dated January 6, 2009;
  5. Affidavit of Timothy McDaniel sworn to January 20, 2009.